A.
A person
commits the offense of tampering if he/she:
1.
Tampers with property of another for the purpose of causing substantial
inconvenience to that person or to another;
2.
Unlawfully rides in or upon another's automobile, airplane, motorcycle,
motorboat or other motor-propelled vehicle;
3.
Tampers or makes connection with property of a utility; or
4.
Tampers with, or causes to be tampered with, any meter or other property
of an electric, gas, steam or water utility, the effect of which tampering
is either:
5.
It shall be unlawful for any person other than duly authorized employee of the City of Canton to alter, change, deface, remove, interfere with, open or in any way molest any meter situated or being in the City and used for the supplying of any utility service to any consumer thereof in the City. All meters situated or being in the City must be free of any obstacles, including parked vehicles and easily accessible to duly authorized employees of the City for operation, renewal or inspections. A vehicle or vehicles parked in such a way so as to obstruct the access of any meter may, after notification as set forth in Section 220.140 of the Municipal Code of the City of Canton, Missouri, be removed by towing without further warning.
[Ord. No. 876-C, 5-15-2023]
B.
In any prosecution under paragraph (4) of Subsection (A), proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service with one (1) or more of the effects described in paragraph (4) of Subsection (A), shall be sufficient to support an inference which the trial court may submit to the trier of fact from which the trier of fact may conclude that there has been a violation of such subdivision by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
[CC 1985 §74.120]
A.
It
shall be unlawful for any unauthorized person, firm, corporation,
partnership or association to trespass upon or to any way interfere
with any and all flood control or flood protection structures or equipment
located within the boundaries of the City.
B.
Only
such persons, firms, corporation, partnerships or associations that
shall have obtained the express written consent of the Board of Aldermen
of the City, or authorized employees of the City acting within the
scope of their normal duties, shall be considered as authorized to
travel upon, use or in any way deal with flood control or flood protection
structures or equipment located within the boundaries of the City.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
A.
A person
does not commit an offense by damaging, tampering with, operating,
riding in or upon, or making connection with property of another if
he/she does so under a claim of right and has reasonable grounds to
believe he/she has such a right.
B.
The
defendant shall have the burden of injecting the issue of claim of
right.
A.
A person
commits the offense of trespass in the first degree if he/she knowingly
enters unlawfully or knowingly remains unlawfully in a building or
inhabitable structure or upon real property.
B.
A person
does not commit the offense of trespass by entering or remaining upon
real property unless the real property is fenced or otherwise enclosed
in a manner designed to exclude intruders or as to which notice against
trespass is given by:
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
A person commits the offense of trespass of a school bus if
he/she knowingly and unlawfully enters any part of or unlawfully operates
any school bus.
A person commits the offense of reckless burning or exploding
when he/she knowingly starts a fire or causes an explosion and thereby
recklessly damages or destroys a building or an inhabitable structure
of another.
A person commits the offense of negligent burning or exploding
when he/she with criminal negligence causes damage to property of
another by fire or explosion.
A.
A person
commits the offense of stealing if he/she appropriates property or
services of another with the purpose to deprive him/her thereof, either
without his/her consent or by means of deceit or coercion.
B.
Evidence
of the following is admissible in any prosecution pursuant to this
Section on the issue of the requisite knowledge or belief of the alleged
stealer that:
1.
He/she failed or refused to pay for property or services of a hotel,
restaurant, inn or boarding house;
2.
He/she gave in payment for property or services of a hotel, restaurant,
inn or boarding house a check or negotiable paper on which payment
was refused;
3.
He/she left the hotel, restaurant, inn or boarding house with the
intent to not pay for property or services;
4.
He/she surreptitiously removed or attempted to remove his/her baggage
from a hotel, inn or boarding house; or
5.
He/she, with intent to cheat or defraud a retailer, possesses, uses,
utters, transfers, makes, alters, counterfeits or reproduces a retail
sales receipt, price tag, or universal price code label, or possesses
with intent to cheat or defraud, the device that manufactures fraudulent
receipts or universal price code labels.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
A.
No
person shall drive a motor vehicle so as to cause it to leave the
premises of an establishment at which motor fuel offered for retail
sale was dispensed into the fuel tank of such motor vehicle unless
payment or authorized charge for motor fuel dispensed has been made.
B.
A person found guilty or pleading guilty to stealing pursuant to Section 570.030, RSMo., for the theft of motor fuel as described in Subsection (A) shall have his/her driver's license suspended by the court, beginning on the date of the court's order of conviction. The person shall submit all of his/her operator's and chauffeur's licenses to the court upon conviction and the court shall forward all such driver's licenses and the order of suspension of driving privileges to the Department of Revenue for administration of such order.
A.
A person
commits the offense of receiving stolen property if, for the purpose
of depriving the owner of a lawful interest therein, he/she receives,
retains or disposes of property of another knowing that it has been
stolen, or believing that it has been stolen.
B.
Evidence
of the following is admissible in any criminal prosecution pursuant
to this Section to prove the requisite knowledge or belief of the
alleged receiver that:
1.
He/she was found in possession or control of other property stolen
on separate occasions from two (2) or more persons;
2.
He/she received other stolen property in another transaction within
the year preceding the transaction charged; or
3.
He/she acquired the stolen property for a consideration which he/she
knew was far below its reasonable value.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
A.
A person
is guilty of the offense of financial exploitation of an elderly or
disabled person if such person stands in a position of trust and confidence
with the elderly or disabled person, and such person knowingly and
by deception or intimidation obtains control over the elderly or disabled
person's property with the intent to permanently deprive the elderly
or disabled person of the use, benefit or possession of his/her property
thereby benefiting such person or detrimentally affecting the elderly
or disabled person. Financial exploitation of an elderly or disabled
person is a misdemeanor if the value of the property is less than
two hundred fifty dollars ($250.00).
B.
DECEPTION
1.
2.
3.
4.
5.
DISABLED PERSON
ELDERLY PERSON
INTIMIDATION
Definitions. As
used in this Section, the following terms shall have these prescribed
meanings:
A misrepresentation or concealment of material fact relating
to the terms of a contract or agreement entered into with the elderly
or disabled person or to the existing or pre-existing condition of
any of the property involved in such contract or agreement, or the
use or employment of any misrepresentation, false pretense or false
promise in order to induce, encourage or solicit the elderly or disabled
person to enter into a contract or agreement.
"Deception" includes
Creating or confirming another person's impression which is
false and which the offender does not believe to be true.
Failure to correct a false impression which the offender previously
has created or confirmed.
Preventing another person from acquiring information pertinent
to the disposition of the property involved.
Selling or otherwise transferring or encumbering property, failing
to disclose a lien, adverse claim or other legal impediment to the
enjoyment of the property, whether such impediment is or is not valid
or is or is not a matter of official record.
Promising performance which the offender does not intend to
perform or knows will not be performed. Failure to perform standing
alone is not sufficient evidence to prove that the offender did not
intend to perform.
A person who suffers from a physical or mental impairment
resulting from disease, injury, functional disorder or congenital
condition which renders such person incapable of avoiding or preventing
the commission of an offense.
A person sixty (60) years of age or older who is suffering
from a disease or infirmity associated with advanced age and manifested
by physical, mental or emotional dysfunctioning to the extent that
such person is incapable of avoiding or preventing the commission
of the offense.
The communication to an elderly or disabled person that he/she
will be deprived of food and nutrition, shelter, prescribed medication,
or medical care and treatment.
C.
For
purposes of this Section, a person stands in a position of trust and
confidence with an elderly or disabled person when such person:
1.
Is a parent, spouse, adult child or other relative by blood or marriage
of the elderly or disabled person;
2.
Is a joint tenant or tenant in common with the elderly or disabled
person with knowledge of such relationship;
3.
Has a legal or fiduciary relationship with the elderly or disabled
person; or
4.
Has a relationship with the elderly or disabled person as a health
care or personal care worker.
D.
Nothing
in this Section shall be construed to limit the remedies available
to the victim pursuant to any State law relating to domestic violence.
E.
Nothing
in this Section shall be construed to impose criminal liability on
a person who has made a good faith effort to assist the elderly or
disabled person in the management of his/her property, but through
no fault of his/her own has been unable to provide such assistance.
F.
Nothing
in this Section shall limit the ability to engage in bona fide estate
planning, to transfer property, and to otherwise seek to reduce estate
and inheritance taxes; provided that such actions do not adversely
impact the standard of living to which the elderly or disabled person
has become accustomed at the time of such actions.
G.
It
shall not be a defense to financial exploitation of an elderly or
disabled person that the accused reasonably believed that the victim
was not an elderly or disabled person.
A.
A person
commits the offense of fraudulent use of a credit device or debit
device if the person uses a credit device or debit device for the
purpose of obtaining services or property knowing that:
1.
The device is stolen, fictitious or forged;
2.
The device has been revoked or canceled;
3.
For any other reason his/her use of the device is unauthorized; or
4.
Uses a credit device or debit device for the purpose of paying property
taxes and knowingly cancels said charges or payment without just cause.
It shall be prima facie evidence of a violation of this Section if
a person cancels said charges or payment after obtaining a property
tax receipt to obtain license tags from the Missouri Department of
Revenue.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
A.
A person
commits the offense of deceptive business practice if in the course
of engaging in a business, occupation or profession he/she recklessly:
1.
Uses or possesses for use a false weight or measure or any other
device for falsely determining or recording any quality or quantity;
2.
Sells, offers or exposes for sale or delivers less than the represented
quantity of any commodity or service;
3.
Takes or attempts to take more than the represented quantity of any
commodity or service when as buyer he/she furnishes the weight or
measure;
4.
Sells, offers or exposes for sale adulterated or mislabeled commodities;
or
5.
Makes a false or misleading written statement for the purpose of
obtaining property or credit.
A.
A person
commits the offense of alteration or removal of item numbers if he/she
with the purpose of depriving the owner of a lawful interest therein:
1.
Destroys, removes, covers, conceals, alters, defaces or causes to
be destroyed, removed, covered, concealed, altered or defaced the
manufacturer's original serial number or other distinguishing owner-applied
number or mark on any item which bears a serial number attached by
the manufacturer or distinguishing number or mark applied by the owner
of the item for any reason whatsoever;
2.
Sells, offers for sale, pawns or uses as security for a loan any
item on which the manufacturer's original serial number or other distinguishing
owner-applied number or mark has been destroyed, removed, covered,
concealed, altered or defaced; or
3.
Buys, receives as security for a loan or in pawn, or in any manner
receives or has in his/her possession any item on which the manufacturer's
original serial number or other distinguishing owner-applied number
or mark has been destroyed, removed, covered, concealed, altered or
defaced.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
A.
A person
commits the offense of failing to return leased or rented property
if, with the intent to deprive the owner thereof, he/she purposefully
fails to return leased or rented personal property to the place and
within the time specified in an agreement in writing providing for
the leasing or renting of such personal property. In addition, any
person who has leased or rented personal property of another who conceals
the property from the owner or who otherwise sells, pawns, loans,
abandons or gives away the leased or rented property is guilty of
the offense of failing to return leased or rented property. The provisions
of this Section shall apply to all forms of leasing and rental agreements
including, but not limited to, contracts which provide the consumer
options to buy the leased or rented personal property, lease-purchase
agreements and rent-to-own contracts. For the purpose of determining
if a violation of this Section has occurred, leasing contracts which
provide options to buy the merchandise are owned by the owner of the
property until such time as the owner endorses the sale and transfer
of ownership of the leased property to the lessee.
B.
It
shall be prima facie evidence of the offense of failing to return
leased or rented property when a person who has leased or rented personal
property of another willfully fails to return or make arrangements
acceptable with the lessor to return the personal property to its
owner at the owner's place of business within ten (10) days after
proper notice following the expiration of the lease or rental agreement,
except that if the motor vehicle has not been returned within seventy-two
(72) hours after the expiration of the lease or rental agreement,
such failure to return the motor vehicle shall be prima facie evidence
of the intent of the offense of failing to return leased or rented
property. Where the leased or rented property is a motor vehicle,
if the motor vehicle has not been returned within seventy-two (72)
hours after the expiration of the lease or rental agreement, the lessor
may notify the local Law Enforcement Agency of the failure of the
lessee to return such motor vehicle, and the local Law Enforcement
Agency shall cause such motor vehicle to be put into any appropriate
State and local computer system listing stolen motor vehicles. Any
Law Enforcement Officer which stops such a motor vehicle may seize
the motor vehicle and notify the lessor that he/she may recover such
motor vehicle after it is photographed and its vehicle identification
number is recorded for evidentiary purposes. Where the leased or rented
property is not a motor vehicle, if such property has not been returned
within the ten (10) day period prescribed in this Subsection, the
owner of the property shall report the failure to return the property
to the local Law Enforcement Agency, and such Law Enforcement Agency
may within five (5) days notify the person who leased or rented the
property that such person is in violation of this Section, and that
failure to immediately return the property may subject such person
to arrest for the violation.
C.
This
Section shall not apply if such personal property is a vehicle and
such return is made more difficult or expensive by a defect in such
vehicle which renders such vehicle inoperable, if the lessee shall
notify the lessor of the location of such vehicle and such defect
before the expiration of the lease or rental agreement or within ten
(10) days after proper notice.
D.
Proper
notice by the lessor shall consist of a written demand addressed and
mailed by certified or registered mail to the lessee at the address
given at the time of making the lease or rental agreement. The notice
shall contain a statement that the failure to return the property
may subject the lessee to criminal prosecution.
E.
Any person who has leased or rented personal property of another who destroys such property so as to avoid returning it to the owner shall be guilty of property damage pursuant to Section 215.300 in addition to being in violation of this Section.
F.
Venue
shall lie in the County where the personal property was originally
rented or leased.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
A.
A person
commits the offense of passing a bad check when:
1.
With purpose to defraud, the person makes, issues or passes a check
or other similar sight order for the payment of money, knowing that
it will not be paid by the drawee; or
2.
The person makes, issues or passes a check or other similar sight
order for the payment of money, knowing that there are insufficient
funds in that account and fails to pay the check or sight order within
ten (10) days after receiving actual notice in writing that it has
not been paid because of insufficient funds or credit with the drawee.
B.
As used in Subparagraph (2) of Subsection (A) of this Section, "actual notice in writing" means notice of the non-payment
which is actually received by the defendant. Such notice may include
the service of summons or warrant upon the defendant for the initiation
of the prosecution of the check or checks which are the subject matter
of the prosecution if the summons or warrant contains information
of the ten (10) day period during which the instrument may be paid
and that payment of the instrument within such ten (10) day period
will result in dismissal of the charges. The requirement of notice
shall also be satisfied for written communications which are tendered
to the defendant and which the defendant refuses to accept.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
A.
MERCANTILE ESTABLISHMENT
MERCHANDISE
MERCHANT
WRONGFUL TAKING
Definitions. As used in this Section, the following definitions
shall apply:
Any mercantile place of business in, at or from which goods,
wares and merchandise are sold, offered for sale or delivered from
and sold at retail or wholesale.
All goods, wares and merchandise offered for sale or displayed
by a merchant.
Any corporation, partnership, association or person who is
engaged in the business of selling goods, wares and merchandise in
a mercantile establishment.
Includes stealing of merchandise or money and any other wrongful
appropriation of merchandise or money.
B.
Any
merchant, his/her agent or employee, who has reasonable grounds or
probable cause to believe that a person has committed or is committing
a wrongful taking of merchandise or money from a mercantile establishment,
may detain such person in a reasonable manner and for a reasonable
length of time for the purpose of investigating whether there has
been a wrongful taking of such merchandise or money. Any such reasonable
detention shall not constitute an unlawful arrest or detention, nor
shall it render the merchant, his/her agent or employee criminally
or civilly liable to the person so detained.
C.
Any person willfully concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of Subsection (A), and the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time of such person by a merchant, his/her agent or employee in order that recovery of such merchandise may be effected, and any such reasonable detention shall not be deemed to be unlawful nor render such merchant, his/her agent or employee criminally or civilly liable.
